Pensacola Personal Injury Lawyer
Quick Answer
A Florida personal injury claim compensates someone harmed by another party's negligence. You generally have two years from the date of injury to file, your recovery is reduced by your share of fault and barred above 50%, and damages include medical expenses, lost wages, and pain and suffering.
Key Takeaways
- Negligence requires duty, breach, causation, and damages — all four must be proven.
- Florida's modified comparative negligence bar applies above 50% fault.
- Available insurance limits often determine what a claim can realistically recover.
What a Florida Personal Injury Claim Requires
Every negligence claim rests on four elements: a legal duty of reasonable care, a breach of that duty, a causal link between the breach and the harm, and actual damages. A driver who runs a red light, a property owner who ignores a known hazard, and a manufacturer who ships a defective part are all judged against that same framework.
The proof, not the story, decides the case. Crash reports, scene photographs, surveillance video, maintenance logs, employment records, and consistent medical documentation are what convert an account of what happened into a claim an insurer must value seriously.
Damages Recoverable Under Florida Law
Economic damages cover past and future medical treatment, prescriptions, assistive equipment, rehabilitation, lost wages, and diminished earning capacity. Non-economic damages cover pain, suffering, disability, disfigurement, mental anguish, and loss of the capacity to enjoy life.
In narrow circumstances involving intentional misconduct or gross negligence, punitive damages may be pleaded, but only after the court permits the claim based on a proffer of evidence.
Working With Bruce Botsford
Bruce Botsford has practiced Florida injury and complex tort law since 1994 and handles cases in Escambia and Santa Rosa Counties and throughout the state. Clients speak with the attorney handling the file, and the case is prepared from day one as though it will be tried.